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A BILL TO BE ENTITLED
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AN ACT
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relating to intelligence databases for combinations, criminal |
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street gangs, and foreign terrorist organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.055 to read as follows: |
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Art. 67.055. NOTIFICATION REGARDING INCLUSION OF |
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INFORMATION IN DEPARTMENT'S INTELLIGENCE DATABASE. (a) Not later |
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than the 60th day after the date the department includes |
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information relating to a person in the department's intelligence |
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database maintained under Article 67.052, the department shall |
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provide to the person by certified mail to the person's last known |
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address: |
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(1) notification regarding the inclusion of the |
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person's information in the department's intelligence database; |
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(2) a description of the process for disputing the |
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inclusion of information in the database, including associated |
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costs or fees, processes and timelines, and any potential evidence |
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necessary for purposes of a dispute; and |
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(3) a description of the process for removing |
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information from the database following renunciation of membership |
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in a combination, criminal street gang, or foreign terrorist |
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organization. |
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(b) The department shall post on the department's Internet |
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website information regarding the processes described by |
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Subsections (a)(2) and (3). |
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SECTION 2. Subchapter C, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.1015 to read as follows: |
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Art. 67.1015. PROHIBITED RELEASE AND USE OF INFORMATION IN |
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DEPARTMENT'S INTELLIGENCE DATABASE. A person's information |
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included in the intelligence database maintained by the department |
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under Article 67.052 may not: |
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(1) be made available for or used in a determination of |
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the person's employment eligibility; |
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(2) limit any rights given to the person by the United |
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States Constitution or Texas Constitution; or |
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(3) limit the person's ability to obtain any federal or |
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state license, permit, or benefit. |
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SECTION 3. The heading to Subchapter D, Chapter 67, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER D. REMOVAL OF INFORMATION AFTER EXPIRATION OF CERTAIN |
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PERIOD |
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SECTION 4. Subchapter D, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.153 to read as follows: |
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Art. 67.153. AUDIT; SUMMARY; REMOVAL. (a) The state |
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auditor annually shall conduct an audit of information that is held |
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in the department's intelligence database maintained under Article |
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67.052. |
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(b) If the state auditor finds that information has remained |
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in the intelligence database for more than 10 years, the state |
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auditor shall request that the department reestablish sufficient |
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evidence for inclusion of the information in the database. If the |
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department is unable to establish sufficient evidence, the |
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department promptly shall remove the information from the database. |
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(c) The state auditor shall create a summary of the audit |
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performed under this article, disaggregating by race, age, gender, |
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ethnicity, and residential zip code the total number of persons |
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whose information is included in the intelligence database. The |
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summary must specify the number of persons whose information has |
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been retained in the intelligence database for more than five years |
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and for more than 10 years. |
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(d) The department shall make the summary available on the |
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department's Internet website. |
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SECTION 5. Articles 67.202(a), (b), (c), and (d), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) On receipt of a written request of a person or the parent |
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or guardian of a child that includes a showing by the person or the |
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parent or guardian that a law enforcement agency may have collected |
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criminal information under this chapter relating to the person or |
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child that is inaccurate, [or] does not comply with the submission |
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criteria under Article 67.054(b), or violates 28 C.F.R. Part 23, |
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the Texas Constitution, or the United States Constitution, the head |
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of the agency or the
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